Rhodium Security camera systems 

Tel -03 87878779 / Tel 0431811677
E MAIL CCTV@SECURITYCCTVMELBOURNE.COM.AU

Definitions

In these Terms and Conditions:

App” means the interactive security, video and smart home application available as part the Wireless Service”

Equipment” means Home Security equipment supplied by the Company under this Monitoring Contract.

Member” means the person, or company to whom this agreement is addressed.

Equipment” means the home security monitoring equipment supplied by the Company under this agreement, “Monitoring Station” means the Company’s station which monitors alarm signals.

Maintenance” means the maintenance of home security equipment in accordance with Australian Standards.

 

  1. Purchasing and using the App
    a) To install and use the App you must log in to the applicable App Store and agree to any applicable end user terms and conditions applicable to the App and made available to you when you download the App from the App Store.
    b) Subject to your agreement to any such terms and conditions, you will be granted a limited licence to use the App on your Smartphone as permitted by the end user terms and any applicable Usage Rules set out in the App Store and Google Play Store terms of service.
    i) deterioration in App functionality arising following termination;
    ii) home security breach or response to any alarm signal that occurs after termination.
  2. Quotations
    a) Quotations for installation and Services are valid for 30 days from the date of quotation and are inclusive of GST and any applicable discounts.
    b) Prices quoted are subject to acceptance by Contract.
    c) Prices quoted are based on the following:
    i) labour, material, storage and transport costs and costs incurred in fulfilling statutory requirements (if any) at the date hereof; and
    ii) installation of the Equipment being effected during normal working days.
    d) The Company reserves the right to alter any quotation (whether or not it has already been accepted) should there be any change to the underlying circumstances on which the quotation was based or, in the case of Equipment, if installation is to be effected other than as stated.
  3. Supply of Equipment
    a) In consideration of payment of the fees by the Member, the Company agrees to supply the Equipment and Services in accordance with this Monitoring Contract.
    b) Rhodium Security will use all reasonable endeavours to deliver the Equipment by the time specified to the Customer. The Customer acknowledges and agrees that delivery dates or periods quoted by Company are estimates only, and are subject to timely receipt of all customer information, other material, and permits from the Member necessary to allow Rhodium Security to proceed with the delivery of the Equipment. Company shall not be liable to the Member in any event for any direct for indirect loss, damage, and expense or cost of any nature and howsoever arising, suffered or incurred by the Member as a result of any delay or failure to deliver the Equipment at the time specified.
  4. Title
    a) The Company will retain title to the Equipment until payment in full of the total charge for the Equipment and Installation is received. Risk in relation to loss or damage to the Equipment by (other than where such loss or damage is caused by the Company) transfers to the Member upon installation of the Equipment.
  5. Access
    a) The Company, its employees, servants and agents shall have full and free access at all necessary times to the Member’s premises and full use of the Customers facilities for the sole purpose of, and to the extent reasonably necessary to install, maintain or repair the Equipment and to remove any Equipment. In addition to its other remedies if the Member fails to pay the contract price for the Equipment and/or installation within the due period for payment and such payment remains overdue for a period of more than 30 days, the Member expressly grants the Company and its agents the right to enter the Member’s property and premises to remove such Equipment.
  6. Installation and Equipment requirements
    a) If the Member has elected Equipment Installation, Company will install the Equipment at the nominated site on the nominated date.
    b) The Company shall not be liable for any loss, injury, damage or expense because of delay in installation other than where such damage is caused by the negligence of the Company, its employees, servants or agents. Delay or failure will not entitle the Member to cancel this agreement or refuse to accept delivery and installation of the Equipment.
    c) Continuous supply of 240VAC power will be required at the Customers premises at the location of the Helix control panel prior to installation.
    d) Continuous supply of 240VAC power will be required at the Customer’s premises at the location of the Helix external cameras prior to installation.
    e) Ongoing monitoring via Internet Protocol (IP) Camera is dependent on a working modem and modem and camera configuration at the time of installation. An available Ethernet port is also required.
    f) Power to the modem is the responsibility of the Member. The Company accepts no liability for any impact to the Monitoring caused by a power outage or surge or similar events which will impact the monitoring of the system. The Company recommends that the Member back up the power supply with an uninterrupted power supply.
    g) IP Cameras provided as part of the Wireless Service are dependent on a strong WiFi signal. It is the responsibility of the Member to ensure a strong, working WiFi signal for the operation of the IP Cameras.
    h) The Member acknowledges that the Equipment is designed to communicate alarm and subsidiary signals to the Monitoring Station through the use of telephone calls or other communication channels (e.g. 3G) and that the Member is responsible for all charges related to such communication.
    i) The Company hereby indemnifies the Member and agrees to pay any reasonable amounts required to rectify any damage to roof tiles directly caused by the Company’s installation of CCTV cables at the Member’s premises (Installation Site).
  7. Safety
    a) The Customer is liable for ensuring that the Installation Site will at all times be a safe working environment for the Company’s employees, contractors, agents and authorised representatives and (without limitation) does not contain asbestos or similar hazards or any infections or building diseases.
    b) The Member must notify the Company in advance of any unsafe condition at the Installation Site that may affect the performance of work at the Installation Site. The Company reserves the right to refuse to perform any work at the Installation Site (including without limitation Equipment installation, maintenance, or warranty work) without any liability to the Member, if in the Company’s reasonable opinion the Installation Site is not a safe working environment, until such time as the Installation Site has been made safe at the Member’s cost (including professional removal of all asbestos product from that part of Installation Site where asbestos is present). Any such delay or suspension of the warranty work, Equipment installation or other Services will not constitute a breach of this Monitoring Contract.
    c) The Company reserves the right to reschedule any work at the Installation Site (including without limitation Equipment installation, maintenance, or warranty work) without any liability to the Customer, if in the reasonable opinion of the Company, performance of such works would breach the Company’s occupational health and safety obligations to its employees and contractors (for example, during wet weather or extreme heat).
    d) Rhodium Secuirty reserves the right to refuse to perform any works, provide the Service or renew this Monitoring Contract if the Customer (or any person associated with the Member) is acting or behaving in a manner that is inappropriate, improper, hostile, threatening, abusive or dangerous (whether at Installation Site or by phone) or otherwise in a manner that threatens the safety of any Company employee or contractor.
  1. Customer Acknowledgments
    a) a) The Customer acknowledges:
    i) that the Equipment has been selected by the Customer in accordance with the Customer’s express requirements and assessment of security risk;
    ii) that the Company does not represent and there is no implied term that the Equipment or Services will remain in proper working order or always carry out their functions and any such implied term is expressly excluded;
    iii) that the Equipment or Services cannot prevent unlawful entry or damage to the Customer’s property;
    iv) that the Member shall be responsible for taking out insurance against fire, theft, damage, injury or any other cause at its own cost;
    v) that the Company will not be liable for any injury to persons or death or loss or damage to property or any loss or damage including consequential loss suffered by the Member or any other person including but not limited to loss or damage caused by the installation of the Equipment, Equipment failure or breakdown, delay, failure to properly monitor or follow up any signal or alarm and/or failure to receive such signal other than where such fault or loss is caused by the negligence of RACV and/or its servants, agents or contractors or otherwise;
    vi) that the Company shall not be liable for the performance of any equipment or programming thereof which has not been supplied and installed by the Company.
    vii) that the Company will not be liable for any unavailability of the Equipment or Services caused by circumstances beyond the Company’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labour problem (other than one involving Rhodium Security employees), Internet service provider failure or delay, Non-Rhodium Security Application, or denial of service attack.
    viii) that the Company will not be responsible for any failure of the Service that is caused by an act or omission of the Customer such as an incorrect use of an electricity smart switch.
    b) These Terms and Conditions are subject to any implied term, conditions or warranties imposed by the Competition and Consumer Act 2010 (Cth) as amended and/or under similar State legislation and if the Equipment and Services under this Contract are supplied to the Customer as a “consumer” and/or for personal domestic or household purposes as defined under that legislation then the Customer shall have the benefit of non-excludable rights and remedies under that legislation and nothing in this Contract excludes or restricts such rights.
    c) Notwithstanding clause 10)b) as far as possible and where the Equipment and/or Services are not ordinarily acquired by the Member as a “consumer” and/or for personal domestic or household use pursuant to Clause 64A of the Competition and Consumer Act 2010 (Cth) and/or similar provisions in State legislation, the Company’s liability shall be limited:
    i) in the case of Equipment to any one or more of the following as the company in its sole discretion may determine:
    (1) the replacement of the Equipment;
    (2) the repair of the Equipment;
    (3) the payment of the cost of replacing the Equipment or of acquiring equivalent Equipment;
    (4) the cost of having the Equipment repaired; or
    ii) in the case of Services to either of the following as the Company in its sole discretion may determine:
    (1) the resupply of the services again;
    (2) the cost having the services supplied again.
    d) If notwithstanding the above the Company is found liable to the Customer and/or other person the Company’s liability for breach of this contract and/or negligence of the Company, its servants or agents is limited to a sum not exceeding $10,000 (which shall include legal costs) in respect of the aggregate of all claims during any consecutive period of 12 months.
    e) The Company shall not be liable for any default or failure to perform its obligations under this Contract where the failure or default arises from acts of God, war, act of terrorism, accident, fire, explosion, earthquake, lightning strike, floods, strikes, industry disputes, shortage of parts, any action of the Member including any interference with misuse, damage or abuse to the Equipment by the Member and/or other person, any failure by the Customer to perform its obligations under Clause 10 hereof any/or any other circumstance beyond the control of the Company.
  2. Express Warranty of Equipment and Labour
    a) In addition to any other rights and remedies available to the Customer under the law, the Company warrants that the Equipment and labour supplied pursuant to this Monitoring Contract will be free of material defects for a period of 3 years from the date of initial installation (the Warranty Period)
    b) The Customer’s must inspect all Equipment upon delivery, and must, within five (5) business days of delivery, give notice to the Company if the Equipment or any part thereof is not in accordance with this Monitoring Contract.
    c) If the Customer’s experiences any operational faults or defects in the Equipment during the Warranty Period, the Customer must contact the Company as soon as possible to permit the Company to carry out the warranty work. Any Equipment or part thereof that is proved to be defective will be repaired or replaced by the Company at its option, at no cost to the Customer.
    d) The Customer must notify the Company of the alleged defect by the Customer contacting the Company by calling 03 87878779 or writing to Rhodium Security upon the defect first coming to the Customer’s attention
    e) The Member acknowledges and agrees that the Equipment warranty provided under this clause 9 does not cover:
    i) any defect, fault, damage or malfunction caused by the Customer’s failure to regularly maintain and test the Equipment in accordance with the applicable Australian Standards and the manufacturer's recommendations;
    ii) fair wear and tear;
    iii) any defect, fault, damage or malfunction caused by the Customer’s negligence, fault, neglect, abuse or incorrect installation,
    iv) connection or use of the Equipment or as a result of vandalism, fire, water damage, power surge, lightning, electrical storm or any other circumstance outside of Company’s control or that of the manufacturer;
    v) any defect, fault, damage or malfunction caused by the Customer’s failure to replace consumables required for the use and operation of the Equipment (such as, without limitation, batteries or light bulbs); or
    vi) any actual or attempted unauthorised repair, modification, removal or reinstallation of, interference with or work on, the Equipment by any person other than the Company
    f) Warranty work will be performed when reasonably requested by the Customer during business hours unless otherwise agreed. The Company will not be liable to the Customer for any claims made for injury, loss or damage to any person, resulting from the Company’s failure to provide the warranty work if the Customer fails to give the Company access to the Customer’s premises.
    g) If, after the expiry of the Warranty Period, the Customer requests (either in person, in writing or via telephone) the Company to diagnose and rectify a defect, fault or malfunction in the Equipment, the Company may charge the Member a fee for such diagnosis, rectification or advice at its standard rates.
  3. The App
    a) You may not:
    i) use the App in a manner that violates any law or regulation, including but not limited to improperly conducting surveillance of any person.
    ii) use the App in any way other than as permitted under this Agreement.
    iii) attempt to modify or reverse engineer the App.
    iv) sell, lease, licence or distribute the App to any other person.
    b) You are entirely responsible for maintaining the confidentiality of your profile information, including your password, and for any and all activity under your profile. You agree to notify Rhodium Security immediately of any unauthorised use of your profile or password or other breach of security.
    c) You are responsible for all scene and event settings within the App e.g. video.
    d) You are fully responsible for all alarm events generated through the App (when you purchase this service) and for managing notifications associated with alarm events through the App.
    e) You understand that all information, data, text, music, sound, photographs, videos, message or other materials created or generated by you when using the App(‘Generated Content’) are your responsibility.
    f) You agree that Rhodium Security has no responsibility or liability for the deletion or failure to store any Generated Content and other communications maintained or transmitted during your use of the App
  4. Privacy
    a) In order to use the Service you agree to provide Personal Information about yourself and information about your home security needs (including location-based information and other data collected from the App) and you acknowledge and agree that Rhodium Security and its third party technology and cloud storage providers may:
    i) collect, monitor and store information to provide the Services in connection to you;
    ii) disclose information (including Personal Information) to you and to third parties through whom Rhodium Security provides services in connection with your use of the Services for the purpose of providing you with the Services;
    iii) disclose Personal Information to suppliers who need access to the Personal Information to provide Rhodium Security with services, to allow supply of services to you;
    iv) use Personal Information collected through the Services to promote products and services to you from within the App.
    v) retain and use information collected through the App as described in this Agreement or as otherwise permitted by law.
    b) Rhodium Security may also use and collect non-personal aggregate, statistical, and other anonymous information (including location information) to provide services to multiple Third Party Providers, for research purposes and to help Rhodium Security enhance and improve its services and to develop current and future services and functionality, and for other purposes of Rhodium Security business. Rhodium Security may share non-personal aggregate, or summary, information with partners or other third parties (this is a customary online practice). For example, we might provide a count of users from a particular area or utilise data in an anonymous manner to develop and improve other products. Rhodium Security will always ensure that any Personal Information has been removed before aggregate information is provided to third parties or partners.
    c) Rhodium Security use of any Personal Information will at all times be governed by the Privacy Act 1988, together with any other relevant and applicable privacy legislation and Rhodium Security s Privacy Charter.
    d) RACV may also use your Personal Information to notify you about other products, services or special offers and your Information may be provided to Rhodium Security related bodies corporate for this purpose. You can request not to receive this information, request access to any Personal Information that Rhodium Security holds about you, or request a copy of the Rhodium Security Privacy Charter by calling 03 87878779
  5. Intellectual Property and carriage services
    a) You acknowledge and agree that you do not obtain a right of ownership of any Intellectual Property Rights (including copyright) in the App or any data and you may only use the App for your own personal use.
    b) You acknowledge that the Wireless Service and App will utilise your Smartphone for the purposes of transmitting and receiving information, and that;
    i) this transfer of information is facilitated by your telecommunications carriage provider using your mobile phone carriage and data plan; and,
    ii) Rhodium Security is not responsible for the provision of an appropriate mobile phone carriage and data plan; and,
    iii) Rhodium Security is not liable for any costs or charges incurred by you as a result of your use of the App.
  6. Sub Contractors
    a) The Company may sub-contract the performance of all or any of its obligations under this Contract to any person, firm or Company without giving notice to the Member.
  7. Fees and Payments
    a) The Company may request that the customer pay a deposit to prior to commencement of installation.
    b) If installation occurs within 30 days of the deposit date, the unpaid balance of the total charge for Equipment and Installation is payable upon completion of the installation.
    c) Where installation occurs more than 30 days from the deposit date, the Company may request that the customer make a progress payment for work done or deliveries made in connection with supply and/or installation of the Equipment. The Company will agree a progress payment plan with the customer in advance of installation work commencing.
    d) If the Member defaults in making any of the above payments the Company may, in addition to its other remedies at law, cease installing the Equipment and/or may remove the Equipment. The customer shall bear any reasonable costs incurred by the Company as a consequence of the cessation and removal of the Equipment. Any deposit paid by the Member will be retained by the Company as reasonable reimbursement to the Company for the costs of installation.
    e) Cancellation within 24 hours of installation will incur a cancellation fee of the deposit taken. This applies subject to any legislative cooling off period under the Fair Trading Act 1999 (Vic.).
    g) Following installation:
    ii) Fees for technical services and associated Equipment are payable on provision of the service
    iii) Fees for patrol response services are payable within 30 days of provision of the service
  1. General
    This Agreement will be governed by and construed in accordance with the laws in force in the State of Victoria and each party submits to the non-exclusive jurisdiction of the courts of that State.

Definitions

In these Terms and Conditions:

App” means the interactive security, video and smart home application available as part the Wireless Service”

Equipment” means Home Security equipment supplied by the Company under this Monitoring Contract.

Member” means the person, or company to whom this agreement is addressed.

Equipment” means the home security monitoring equipment supplied by the Company under this agreement, “Monitoring Station” means the Company’s station which monitors alarm signals.

Maintenance” means the maintenance of home security equipment in accordance with Australian Standards.

 

  1. Purchasing and using the App
    a) To install and use the App you must log in to the applicable App Store and agree to any applicable end user terms and conditions applicable to the App and made available to you when you download the App from the App Store.
    b) Subject to your agreement to any such terms and conditions, you will be granted a limited licence to use the App on your Smartphone as permitted by the end user terms and any applicable Usage Rules set out in the App Store and Google Play Store terms of service.
    i) deterioration in App functionality arising following termination;
    ii) home security breach or response to any alarm signal that occurs after termination.
  2. Quotations
    a) Quotations for installation and Services are valid for 30 days from the date of quotation and are inclusive of GST and any applicable discounts.
    b) Prices quoted are subject to acceptance by Contract.
    c) Prices quoted are based on the following:
    i) labour, material, storage and transport costs and costs incurred in fulfilling statutory requirements (if any) at the date hereof; and
    ii) installation of the Equipment being effected during normal working days.
    d) The Company reserves the right to alter any quotation (whether or not it has already been accepted) should there be any change to the underlying circumstances on which the quotation was based or, in the case of Equipment, if installation is to be effected other than as stated.
  3. Supply of Equipment
    a) In consideration of payment of the fees by the Member, the Company agrees to supply the Equipment and Services in accordance with this Monitoring Contract.
    b) Rhodium Security will use all reasonable endeavours to deliver the Equipment by the time specified to the Customer. The Customer acknowledges and agrees that delivery dates or periods quoted by Company are estimates only, and are subject to timely receipt of all customer information, other material, and permits from the Member necessary to allow Rhodium Security to proceed with the delivery of the Equipment. Company shall not be liable to the Member in any event for any direct for indirect loss, damage, and expense or cost of any nature and howsoever arising, suffered or incurred by the Member as a result of any delay or failure to deliver the Equipment at the time specified.
  4. Title
    a) The Company will retain title to the Equipment until payment in full of the total charge for the Equipment and Installation is received. Risk in relation to loss or damage to the Equipment by (other than where such loss or damage is caused by the Company) transfers to the Member upon installation of the Equipment.
  5. Access
    a) The Company, its employees, servants and agents shall have full and free access at all necessary times to the Member’s premises and full use of the Customers facilities for the sole purpose of, and to the extent reasonably necessary to install, maintain or repair the Equipment and to remove any Equipment. In addition to its other remedies if the Member fails to pay the contract price for the Equipment and/or installation within the due period for payment and such payment remains overdue for a period of more than 30 days, the Member expressly grants the Company and its agents the right to enter the Member’s property and premises to remove such Equipment.
  6. Installation and Equipment requirements
    a) If the Member has elected Equipment Installation, Company will install the Equipment at the nominated site on the nominated date.
    b) The Company shall not be liable for any loss, injury, damage or expense because of delay in installation other than where such damage is caused by the negligence of the Company, its employees, servants or agents. Delay or failure will not entitle the Member to cancel this agreement or refuse to accept delivery and installation of the Equipment.
    c) Continuous supply of 240VAC power will be required at the Customers premises at the location of the Helix control panel prior to installation.
    d) Continuous supply of 240VAC power will be required at the Customer’s premises at the location of the Helix external cameras prior to installation.
    e) Ongoing monitoring via Internet Protocol (IP) Camera is dependent on a working modem and modem and camera configuration at the time of installation. An available Ethernet port is also required.
    f) Power to the modem is the responsibility of the Member. The Company accepts no liability for any impact to the Monitoring caused by a power outage or surge or similar events which will impact the monitoring of the system. The Company recommends that the Member back up the power supply with an uninterrupted power supply.
    g) IP Cameras provided as part of the Wireless Service are dependent on a strong WiFi signal. It is the responsibility of the Member to ensure a strong, working WiFi signal for the operation of the IP Cameras.
    h) The Member acknowledges that the Equipment is designed to communicate alarm and subsidiary signals to the Monitoring Station through the use of telephone calls or other communication channels (e.g. 3G) and that the Member is responsible for all charges related to such communication.
    i) The Company hereby indemnifies the Member and agrees to pay any reasonable amounts required to rectify any damage to roof tiles directly caused by the Company’s installation of CCTV cables at the Member’s premises (Installation Site).
  7. Safety
    a) The Customer is liable for ensuring that the Installation Site will at all times be a safe working environment for the Company’s employees, contractors, agents and authorised representatives and (without limitation) does not contain asbestos or similar hazards or any infections or building diseases.
    b) The Member must notify the Company in advance of any unsafe condition at the Installation Site that may affect the performance of work at the Installation Site. The Company reserves the right to refuse to perform any work at the Installation Site (including without limitation Equipment installation, maintenance, or warranty work) without any liability to the Member, if in the Company’s reasonable opinion the Installation Site is not a safe working environment, until such time as the Installation Site has been made safe at the Member’s cost (including professional removal of all asbestos product from that part of Installation Site where asbestos is present). Any such delay or suspension of the warranty work, Equipment installation or other Services will not constitute a breach of this Monitoring Contract.
    c) The Company reserves the right to reschedule any work at the Installation Site (including without limitation Equipment installation, maintenance, or warranty work) without any liability to the Customer, if in the reasonable opinion of the Company, performance of such works would breach the Company’s occupational health and safety obligations to its employees and contractors (for example, during wet weather or extreme heat).
    d) Rhodium Secuirty reserves the right to refuse to perform any works, provide the Service or renew this Monitoring Contract if the Customer (or any person associated with the Member) is acting or behaving in a manner that is inappropriate, improper, hostile, threatening, abusive or dangerous (whether at Installation Site or by phone) or otherwise in a manner that threatens the safety of any Company employee or contractor.
  1. Customer Acknowledgments
    a) a) The Customer acknowledges:
    i) that the Equipment has been selected by the Customer in accordance with the Customer’s express requirements and assessment of security risk;
    ii) that the Company does not represent and there is no implied term that the Equipment or Services will remain in proper working order or always carry out their functions and any such implied term is expressly excluded;
    iii) that the Equipment or Services cannot prevent unlawful entry or damage to the Customer’s property;
    iv) that the Member shall be responsible for taking out insurance against fire, theft, damage, injury or any other cause at its own cost;
    v) that the Company will not be liable for any injury to persons or death or loss or damage to property or any loss or damage including consequential loss suffered by the Member or any other person including but not limited to loss or damage caused by the installation of the Equipment, Equipment failure or breakdown, delay, failure to properly monitor or follow up any signal or alarm and/or failure to receive such signal other than where such fault or loss is caused by the negligence of RACV and/or its servants, agents or contractors or otherwise;
    vi) that the Company shall not be liable for the performance of any equipment or programming thereof which has not been supplied and installed by the Company.
    vii) that the Company will not be liable for any unavailability of the Equipment or Services caused by circumstances beyond the Company’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labour problem (other than one involving Rhodium Security employees), Internet service provider failure or delay, Non-Rhodium Security Application, or denial of service attack.
    viii) that the Company will not be responsible for any failure of the Service that is caused by an act or omission of the Customer such as an incorrect use of an electricity smart switch.
    b) These Terms and Conditions are subject to any implied term, conditions or warranties imposed by the Competition and Consumer Act 2010 (Cth) as amended and/or under similar State legislation and if the Equipment and Services under this Contract are supplied to the Customer as a “consumer” and/or for personal domestic or household purposes as defined under that legislation then the Customer shall have the benefit of non-excludable rights and remedies under that legislation and nothing in this Contract excludes or restricts such rights.
    c) Notwithstanding clause 10)b) as far as possible and where the Equipment and/or Services are not ordinarily acquired by the Member as a “consumer” and/or for personal domestic or household use pursuant to Clause 64A of the Competition and Consumer Act 2010 (Cth) and/or similar provisions in State legislation, the Company’s liability shall be limited:
    i) in the case of Equipment to any one or more of the following as the company in its sole discretion may determine:
    (1) the replacement of the Equipment;
    (2) the repair of the Equipment;
    (3) the payment of the cost of replacing the Equipment or of acquiring equivalent Equipment;
    (4) the cost of having the Equipment repaired; or
    ii) in the case of Services to either of the following as the Company in its sole discretion may determine:
    (1) the resupply of the services again;
    (2) the cost having the services supplied again.
    d) If notwithstanding the above the Company is found liable to the Customer and/or other person the Company’s liability for breach of this contract and/or negligence of the Company, its servants or agents is limited to a sum not exceeding $10,000 (which shall include legal costs) in respect of the aggregate of all claims during any consecutive period of 12 months.
    e) The Company shall not be liable for any default or failure to perform its obligations under this Contract where the failure or default arises from acts of God, war, act of terrorism, accident, fire, explosion, earthquake, lightning strike, floods, strikes, industry disputes, shortage of parts, any action of the Member including any interference with misuse, damage or abuse to the Equipment by the Member and/or other person, any failure by the Customer to perform its obligations under Clause 10 hereof any/or any other circumstance beyond the control of the Company.
  2. Express Warranty of Equipment and Labour
    a) In addition to any other rights and remedies available to the Customer under the law, the Company warrants that the Equipment and labour supplied pursuant to this Monitoring Contract will be free of material defects for a period of 3 years from the date of initial installation (the Warranty Period)
    b) The Customer’s must inspect all Equipment upon delivery, and must, within five (5) business days of delivery, give notice to the Company if the Equipment or any part thereof is not in accordance with this Monitoring Contract.
    c) If the Customer’s experiences any operational faults or defects in the Equipment during the Warranty Period, the Customer must contact the Company as soon as possible to permit the Company to carry out the warranty work. Any Equipment or part thereof that is proved to be defective will be repaired or replaced by the Company at its option, at no cost to the Customer.
    d) The Customer must notify the Company of the alleged defect by the Customer contacting the Company by calling 03 87878779 or writing to Rhodium Security upon the defect first coming to the Customer’s attention
    e) The Member acknowledges and agrees that the Equipment warranty provided under this clause 9 does not cover:
    i) any defect, fault, damage or malfunction caused by the Customer’s failure to regularly maintain and test the Equipment in accordance with the applicable Australian Standards and the manufacturer's recommendations;
    ii) fair wear and tear;
    iii) any defect, fault, damage or malfunction caused by the Customer’s negligence, fault, neglect, abuse or incorrect installation,
    iv) connection or use of the Equipment or as a result of vandalism, fire, water damage, power surge, lightning, electrical storm or any other circumstance outside of Company’s control or that of the manufacturer;
    v) any defect, fault, damage or malfunction caused by the Customer’s failure to replace consumables required for the use and operation of the Equipment (such as, without limitation, batteries or light bulbs); or
    vi) any actual or attempted unauthorised repair, modification, removal or reinstallation of, interference with or work on, the Equipment by any person other than the Company
    f) Warranty work will be performed when reasonably requested by the Customer during business hours unless otherwise agreed. The Company will not be liable to the Customer for any claims made for injury, loss or damage to any person, resulting from the Company’s failure to provide the warranty work if the Customer fails to give the Company access to the Customer’s premises.
    g) If, after the expiry of the Warranty Period, the Customer requests (either in person, in writing or via telephone) the Company to diagnose and rectify a defect, fault or malfunction in the Equipment, the Company may charge the Member a fee for such diagnosis, rectification or advice at its standard rates.
  3. The App
    a) You may not:
    i) use the App in a manner that violates any law or regulation, including but not limited to improperly conducting surveillance of any person.
    ii) use the App in any way other than as permitted under this Agreement.
    iii) attempt to modify or reverse engineer the App.
    iv) sell, lease, licence or distribute the App to any other person.
    b) You are entirely responsible for maintaining the confidentiality of your profile information, including your password, and for any and all activity under your profile. You agree to notify Rhodium Security immediately of any unauthorised use of your profile or password or other breach of security.
    c) You are responsible for all scene and event settings within the App e.g. video.
    d) You are fully responsible for all alarm events generated through the App (when you purchase this service) and for managing notifications associated with alarm events through the App.
    e) You understand that all information, data, text, music, sound, photographs, videos, message or other materials created or generated by you when using the App(‘Generated Content’) are your responsibility.
    f) You agree that Rhodium Security has no responsibility or liability for the deletion or failure to store any Generated Content and other communications maintained or transmitted during your use of the App
  4. Privacy
    a) In order to use the Service you agree to provide Personal Information about yourself and information about your home security needs (including location-based information and other data collected from the App) and you acknowledge and agree that Rhodium Security and its third party technology and cloud storage providers may:
    i) collect, monitor and store information to provide the Services in connection to you;
    ii) disclose information (including Personal Information) to you and to third parties through whom Rhodium Security provides services in connection with your use of the Services for the purpose of providing you with the Services;
    iii) disclose Personal Information to suppliers who need access to the Personal Information to provide Rhodium Security with services, to allow supply of services to you;
    iv) use Personal Information collected through the Services to promote products and services to you from within the App.
    v) retain and use information collected through the App as described in this Agreement or as otherwise permitted by law.
    b) Rhodium Security may also use and collect non-personal aggregate, statistical, and other anonymous information (including location information) to provide services to multiple Third Party Providers, for research purposes and to help Rhodium Security enhance and improve its services and to develop current and future services and functionality, and for other purposes of Rhodium Security business. Rhodium Security may share non-personal aggregate, or summary, information with partners or other third parties (this is a customary online practice). For example, we might provide a count of users from a particular area or utilise data in an anonymous manner to develop and improve other products. Rhodium Security will always ensure that any Personal Information has been removed before aggregate information is provided to third parties or partners.
    c) Rhodium Security use of any Personal Information will at all times be governed by the Privacy Act 1988, together with any other relevant and applicable privacy legislation and Rhodium Security s Privacy Charter.
    d) RACV may also use your Personal Information to notify you about other products, services or special offers and your Information may be provided to Rhodium Security related bodies corporate for this purpose. You can request not to receive this information, request access to any Personal Information that Rhodium Security holds about you, or request a copy of the Rhodium Security Privacy Charter by calling 03 87878779
  5. Intellectual Property and carriage services
    a) You acknowledge and agree that you do not obtain a right of ownership of any Intellectual Property Rights (including copyright) in the App or any data and you may only use the App for your own personal use.
    b) You acknowledge that the Wireless Service and App will utilise your Smartphone for the purposes of transmitting and receiving information, and that;
    i) this transfer of information is facilitated by your telecommunications carriage provider using your mobile phone carriage and data plan; and,
    ii) Rhodium Security is not responsible for the provision of an appropriate mobile phone carriage and data plan; and,
    iii) Rhodium Security is not liable for any costs or charges incurred by you as a result of your use of the App.
  6. Sub Contractors
    a) The Company may sub-contract the performance of all or any of its obligations under this Contract to any person, firm or Company without giving notice to the Member.
  7. Fees and Payments
    a) The Company may request that the customer pay a deposit to prior to commencement of installation.
    b) If installation occurs within 30 days of the deposit date, the unpaid balance of the total charge for Equipment and Installation is payable upon completion of the installation.
    c) Where installation occurs more than 30 days from the deposit date, the Company may request that the customer make a progress payment for work done or deliveries made in connection with supply and/or installation of the Equipment. The Company will agree a progress payment plan with the customer in advance of installation work commencing.
    d) If the Member defaults in making any of the above payments the Company may, in addition to its other remedies at law, cease installing the Equipment and/or may remove the Equipment. The customer shall bear any reasonable costs incurred by the Company as a consequence of the cessation and removal of the Equipment. Any deposit paid by the Member will be retained by the Company as reasonable reimbursement to the Company for the costs of installation.
    e) Cancellation within 24 hours of installation will incur a cancellation fee of the deposit taken. This applies subject to any legislative cooling off period under the Fair Trading Act 1999 (Vic.).
    g) Following installation:
    ii) Fees for technical services and associated Equipment are payable on provision of the service
    iii) Fees for patrol response services are payable within 30 days of provision of the service
  1. General
    This Agreement will be governed by and construed in accordance with the laws in force in the State of Victoria and each party submits to the non-exclusive jurisdiction of the courts of that State.